Div 9Liability for perjury in civil actions

Division 9—Liability for perjury in civil actions 72—Liability for perjury in civil actions (1) Subject to this section, a person who gives perjured evidence in civil proceedings is liable for damage suffered by any other person in consequence of the perjury. (2) In proceedings under this section, the plaintiff must establish— (a) that the defendant— (i) has been convicted of perjury; or (ii) has been found guilty of contempt of court on the ground of having committed perjury; or (iii) has been committed for trial on a charge of perjury but by reason of the fact that no indictment has been preferred, or a nolle prosequi has been entered, has not been tried on that charge; and (b) that the perjured evidence was material to the outcome of the proceedings in which it was given. (3) Where the defendant has not been convicted of perjury, or been found guilty of contempt of court on the ground of having committed perjury, the evidence upon which a liability is alleged to arise under this section must be corroborated in a material particular. (4) It is no defence to an action under this section that the perjured evidence was accepted as true by the court before which it was given. (5) In proceedings under this section, an apparently genuine document that appears to be a transcript of evidence given in the proceedings in which the perjured evidence is alleged to have been given shall be accepted as evidence— (a) of the evidence given in those proceedings; and (b) where evidence appears from the transcript to have been given by a particular person—that it was in fact given by that person.